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Avoiding anti-competitive behaviour

Jersey’s Competition Law prohibits anti-competitive behaviour, including anti-competitive arrangements and the abuse of a dominant market position.

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Anti-competitive behaviour involves actions by a business to limit, restrict or eliminate competition in a market, typically to gain an unfair advantage, increase market share, or dominate the market.

Jersey’s Competition Law prohibits two main types of anti-competitive behaviour: anti-competitive arrangements and the abuse of a dominant position.

Anti-competitive arrangements

Anti-competitive arrangements are agreements, formal or informal, between competitors to act in ways that limit competition. These arrangements, often referred to as cartels, may result in higher prices, restrict market access and reduce consumer choice. Examples include: 

  • Dividing or sharing markets
  • Collusion on bids or tenders
  • Price-fixing

These actions harm consumers by raising prices, limiting choice and lowering quality. Over time, they weaken market competition.

For more details, refer to Guideline 1 - Anti-Competitive Arrangements.

Leniency

The Authority operates a leniency policy for businesses willing to end their participation in a cartel.

If a business ends its participation in a cartel and reports it to us, it may benefit from full immunity from, or a significant reduction of, the potential financial penalty that the Authority could impose for breaches of competition laws.

For more information, see Guideline 11 - Leniency Policy.

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Abuse of dominance

Abuse of dominance refers to conduct by one or more businesses that misuse their dominant position in the market for goods or services in Jersey. This behaviour is prohibited under Jersey’s Competition Law and may result in financial penalties.

To determine a breach, we apply a two-stage test:

  1. Is the business dominant in a relevant economic market?
  2. If so, is it abusing that dominant position?

It is important to note that holding a dominant position is not prohibited - only its abuse.

For more details, refer to Guideline 5 - Abuse of a Dominant Position.

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Is your business at risk of breaking the law?

Your business may be at risk if you answer "yes" to any of these questions:

  • Do you discuss your prices or fees with competitors?
  • Do you talk to competitors about customers, territories or market shares?
  • Do you share information about your future commercial plans with competitors?
  • Do you agree to work together or follow rules with competitors?
  • Do you have competitors who are also your customers?
  • Do your staff frequently move between businesses in your sector?
  • Are you a member of a trade association or attend trade events?
  • Do you socialise with competitors?
Minimising the risk of anti-competitive behaviour

Protect your business by staying vigilant at all times. You and your staff must understand the risks and learn how to recognise anti-competitive behaviours. 

If you are approached to engage in anti-competitive arrangements, reject the approach immediately. Leave the meeting, end the discussion and make it clear you refuse to participate in anything illegal.

If you have information about suspected anti-competitive behaviour, contact us at info@jcra.je.

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